Yep I dont think the 40 is reliable at this point. I hate to say anything as I do not own a 40 myself (I have the 9) but its safe to say that the 40 have issues taht need to be sorted out before sales continue. Stick with the 9mm its a great gun with little to no recoil, accurate and ammo is CHEAP! Plus the 9mm is 7 rounds with the flush mount mag and the 40 is 6 rounds with the flush mount mag.